MN1 to EAA parents settled for +5y but no ILR

[rbarreto]

Hi,

I am Portuguese am settled in the UK (living, working and paying tax) for more than 5 years. I have never applied for indefinite leave to remain since I am an EEA national.

I now have a newborn and would like to apply for her British Passport.
I already know that the form is MN1, under section 1(3) but my question is:
Do I have to apply for indefinite leave to remain or is it sufficient to proof that I am settled for more than 5 years?

Note: I have a residence card since my second year settled in the Uk.[/b]

[Jambo]

Just to clarify - you will never get ILR as this is for people under immigration laws not EU regulations. EU citizens obtain PR - Permanent Residence. The bottom line for both is similar.

If you child was born after five years of working in the UK, you child is automatically British. You don't need to apply using form MN1 (and you saved £540...) What you need is to apply directly for a British passport. In her passport application, you will need to provide evidence that you have been exercising treaty rights for 5 years before the child was born. The easiest way to do that is to provide P60 to cover those years. Attach a cover letter to the application, stating how you exercise your treaty rights and dates.

The passport application takes up to 3 weeks. You can get an application form for a passport from the Post Office.

[rbarreto]

Thank you very much for you help!

[JAJ]

A British passport on its own is not conclusive evidence of a child's nationality. Too many passports have been issued by mistake to non-citizens.

Need to use form NS to get a Home Office confirmation that the child is British. Then apply for the passport.